TIPS^®  Taiwan Intellectual Property Special

The Legislative Yuan Finished the Electronic Signature Act Review

The Legislative Yuan finished reviewing the Draft Bill of the Electronic Signature Act by its joint-committee meeting on April 23, 2001.

Based on the principle of technology neutral, every technology that is able to ensure the integrity of the document during the transmission and storage and to establish the identity of the senders can be used for electronic signature. The Act gives the electronic signature and electronic document the same legal effects as traditional signature and written document. It also provides regulations on the Certificate Authorities, which include private sectors. Certificate Authorities are required to comply with the Certification Practice Statement, promulgated by the Ministry of Economic Affairs. Violation may result in pecuniary penalties up to NT$ 5,000,000 (about U.S.$ 147,000). In a severe violation, an order to cease practice may be made.

In addition, foreign Certification Authorities can be qualified for certification practice after approved by the Ministry of Economic Affairs.